ELION v. UNITED STATES

No. 20-1725.

76 F.4th 620 (2023)

Otis R. ELION, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 7, 2023.


Attorney(s) appearing for the Case

Otis R. Elion , Federal Correctional Institution, Ashland, KY, for Petitioner-Appellant.

James M. Cutchin , Amanda A. Robertson , Attorneys, Office of the United States Attorney, Benton, IL, Peter Reed , Attorney, Office of the United States Attorney, Fairview Heights, IL, for Respondent-Appellee.

Aaron Z. Roper , Attorney, Williams & Connolly LLP, Washington, DC, for Amicus Curiae.

Before Brennan, Scudder, and Kirsch, Circuit Judges.


After Otis Elion pleaded guilty to distributing methamphetamine, a federal district court sentenced him as a career offender under U.S. Sentencing Guideline § 4B1.1. Elion's attorney did not challenge that designation, and the court imposed a 167-month prison term. Through a motion under 28 U.S.C. § 2255, Elion...

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